Ernst Stetter / Jun 2026
Image: Shutterstock
European citizens are fortunate to have access to the world’s best healthcare systems. During and after the Covid-19 pandemic crisis, significant steps have been taken to strengthen national healthcare systems, particularly to enhance cooperation among member states. Nevertheless, the principle of subsidiarity remains a fundamental aspect of health legislation in Europe.
Germany is currently grappling with significant challenges in its healthcare system, which necessitates crucial reforms to ensure the long-term sustainability of the entire system. One of the primary objectives is to guarantee that every patient has access to the most effective treatments at reasonable costs. The German government places utmost importance on promoting the digitisation of the healthcare sector, which aims to enhance patient care efficiency and, particularly, facilitate and improve access to medical services.
Digital booking services simplify appointment scheduling for medical practices, making it convenient and less stressful for patients. This streamlines daily operations and promotes transparency throughout the booking process. Within that perspective, private appointment booking services are also increasingly essential for ensuring equal access to healthcare services. They have demonstrated their effectiveness and their ability to ensure that appointment processes are conducted in a manner that fully respects the required obligation of data protection.
A draft law proposed by the federal German health care ministry for data and innovation in the healthcare sector now mandates that patients have guaranteed access to their digital records (GeDiG).This includes the ability to book various treatment appointments, a standardised initial assessment procedure for acute cases, and access to electronic transfers for other treatments and doctors. It also outlines the essential requirements for an agreement on the use of private digital appointment booking platforms that doctors can utilise to schedule appointments within the statutory health insurance system.
This draft law represents a significant step forward within Germany’s highly bureaucratic healthcare system. As health care systems in Europe still operate within their national legal frameworks, these provisions aren’t meant to apply to all other EU member states. Still, the proposed reform raises a significant issue with Article 16 of the EU Charter of Fundamental Rights. This article recognises businesses ’freedom of conduct’ within the framework of Union law, national laws and practices. State intervention must therefore serve an overriding interest and be both appropriate and necessary.
Digital appointment scheduling and administration have proven instrumental in the digitisation of the healthcare sector in numerous member states. This has resulted in immediate and tangible benefits for both doctors and patients in their daily care. Digital appointment booking platforms for medical treatments streamline everyday practices, enabling doctors to focus on providing quality care without being constrained by limited time resources for appointments. Additionally, insured individuals gain access to a range of appointment scheduling options beyond traditional mechanisms, regardless of the practice’s operating hours or limited telephone resources.
As digital appointment booking platforms become more essential, a unified European framework and clear conditions are needed for scheduling and managing them effectively. It is obvious that such a framework should align with the European Digital Markets Act (DMA). It should certainly include the essential data protection measures outlined in the General Data Protection Regulation (GDPR). Furthermore, the framework should clearly establish that the platforms are not influenced or driven by the economic interests of third parties, ensuring their non-commercial and advertising-free nature.
Platforms must promote innovation through fundamentally open interfaces. This involves developing AI-based assistance systems thoughtfully and enhancing automated documentation to improve patient communication. Furthermore, platforms should prioritise the further development of a European Health and Data System over existing national structures.
However, Germany’s lawmakers seem to favour national regulation over progress towards a unified European system. Their newly proposed law establishes a subsidiary platform under the general health insurance body, granting it privileged access to patients' personal data. Conversely, private competitors seeking access face significantly stricter regulations. This leads to new bureaucratic structures and unfair competition, as only the subsidiary platform will enjoy privileged access and public funding compared to established private competitors.
A new law should establish unified standards and regulations for all potential providers, regardless of their ownership or registered office. The German lawmaker’s authorisation should uphold the principle of fair competition and prevent the allocation of legislative power to democratically non-legitimate carriers at the expense of private providers.
Insured individuals must have non-discriminatory access to medical care through digital platforms. Appointments should be solely based on medical criteria, and the final decision on necessary treatments should be left to the doctor. Financial incentives should be strictly avoided, and all providers must adhere to strict European and national data protection requirements.
As it currently stands, the proposed regulation clearly contradicts European law and the fundamental principle of equal access to the Common European market, as Article 16 of the Charter of Fundamental Rights mandates. Germany should not revert to the disastrous „German vote“ of the previous government but instead adhere to the nearly daily expressed political will to deregulate and reduce bureaucratic structures that hinder competitiveness and efficiency.
Furthermore, a future European Healthcare System can only be achieved through a gradual and systematic approach. This involves fostering innovation, enhancing data sharing on a regulated basis, and particularly promoting patient-centric approaches. It cannot be achieved through national solutions that introduce new bureaucratic obstacles.
